DOC in resolving East Sea tensions

The routine meeting aims to foster the implementation of the DOC and the building of a Code of Conduct in the East Sea (COC). 

At present DOC remains the most important legally-binding document between ASEAN and China in resolving security challenges in the East Sea. 

The Declaration on the Conduct of Parties in the East Sea (DOC) was signed at the ASEAN summit on October 4, 2002, in Phnom Penh, Cambodia.

DOC signatories agree to abide by international norms including to peacefully resolve disputes, not use or threaten to use armed force, respect the freedom of navigation, practice restraint in order not to complicate or escalate disputes, engage in dialogues and consultation, and contribute to the compilation of a Code of Conduct in the East Sea (COC).

DOC: efforts of ASEAN and China

The signing of the DOC in 2002 was a joint effort by all the ASEAN members and China and the first joint document relating to the East Sea. It was seen as an important step toward resolving maritime issues between the two sides.

Senior officials of ASEAN and China have affirmed their determination to fully abide by the DOC and work towards the COC. 

A joint statement on the ASEAN-China strategic partnership adopted in Bali, Indonesia, on October 8, 2003, confirmed that the implementation of the DOC is a cooperative security measure between ASEAN and China. 

At the 13th ASEAN-China high-level summit in Hanoi in October, 2010, leaders reiterated their commitments to fully and effectively implementing the DOC and working toward the COC.

ASEAN and China adopted guidelines for implementing the DOC in 2011, which cover the implementation of projects and compliance with other procedures including respecting the freedom of navigation and aviation in the East Sea. 

All these must be in line with international law, including the 1982 UN Convention on the Law of the Sea, to resolve sovereignty and territorial disputes by peaceful measures, not use or threaten to use force, seek solutions via negotiations and friendly consultative meetings, practice restraint, and not complicate disputes to affect peace and stability.

Diplomatic and political commitments are required

Despite common principles in DOC, there remain big differences between commitments and the real situation in the East Sea. 

ASEAN Secretary General Le Luong Minh said there was no progress in DOC implementation and ASEAN requires China to show more sincere participation and cooperation. Both sides should also make more diplomatic and political commitments.

Deputy Defense Minister Nguyen Chi Vinh spoke at the recent Shangri-La Dialogue in Singapore. "ASEAN’s voice will or will not benefit the region depending on its unity. It’s easy to speak about unity than to be united. If there is no unity, there is no common voice and the Community’s role is nothing.”

Colonel Vu Tien Trong, Director of the Institute for International Cooperation of the Defense Ministry, said, “ASEAN has a common vision, action, and view. Although there are differences in national interests, they are not challenges to ASEAN and unity. ASEAN’s cooperation with its partners, including the US and China, to work towards the COC illustrates the aspiration of involved parties including ASEAN and China.”

Facing challenges, particularly East Sea issues, ASEAN needs to quickly finish negotiation and sign the COC with China. In the meantime the DOC remains an important instrument for peaceful resolution of disputes. Countries have to respect and fully implement the DOC to maintain a peaceful, stable environment for development.